Rajendra Rana & Ors vs The State Of Jharkhand & Ors
2022 Latest Caselaw 4442 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               W.P.(C) No.4115 of 2022
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Rajendra Rana & Ors. .......... Petitioners.

-Versus-

The State of Jharkhand & Ors. .......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. A. K. Choudhary, Advocate For the State : Mr. Ashish Kumar, A.C. to S.C. (Mines)-III

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Order No.03                                   Date: 07.11.2022

I.A. No.8618 of 2022:

The present interlocutory application has been filed on behalf of the petitioners, seeking stay of the order dated 31st May, 2022 (Annexure-2 to the writ petition) passed by the Divisional Commissioner, Santhal Pargana Division, Dumka- respondent no.2 in Title (Partition) Revision No.13 of 2001 during pendency of the writ petition.

Learned counsel for the petitioners submits that Kaila Rana (father of the petitioners) had filed a suit being Title (Partition) Suit no.02 of 1981 in the court of Sub-ordinate Judge, Deoghar. Due to subsequent notification of survey in Santhal Pargana Division, the aforesaid suit was transferred to the court of Settlement Officer under Section 5 of the Santhal Parganas Settlement Regulation, 1872. It is further submitted that pursuant to a preliminary decree dated 23rd November, 1996 passed by the Assistant Settlement Officer, father of the petitioners was allotted 1/3rd and 1/6th share in schedule-C, D & E property. The said decree was confirmed by the Charged Officer, Dumka in Title (Partition) Appeal no.04 of 1998 vide judgment dated 22nd February, 2001, against which Title (Partition) Revision no.13 of 2001 was filed before the respondent no.2 and the same was allowed vide order dated 31st May, 2022. It is also submitted that during pendency of Title (Partition) Revision no.13 of 2001, the original plaintiff (father of the petitioners) filed a petition for preparation of final decree and, accordingly, the same was prepared. Thereafter, the petitioners were given delivery of possession vide order dated 18th June, 2001 passed by the Assistant Settlement Officer, Deoghar in Title (Execution) Case no.07 of 2001 and since then the petitioners have been in peaceful possession of the land in question and they

along with their family members have also been residing over the said land after constructing houses. It is further submitted that pursuant to the impugned order dated 31st May, 2022, the private respondents are bent upon to evict the petitioners from their houses and property allotted to them in Title (Execution) Case no.07 of 2001. If the said order is not stayed, they would suffer irreparable loss and injury.

Having heard learned counsel for the petitioners and the State respondents, this Court is inclined to pass an interim order in the present writ petition.

Accordingly, it is ordered that the petitioners shall not be evicted from the property in question till the next date of listing.

I.A. No.8618 of 2022 is, accordingly, disposed of.

W.P.(C) No.4115 of 2022:

Notice.

Mr. Ashish Kumar, A.C. to S.C. (Mines)-III, appears and waives notice on behalf of the respondent nos.1 to 6.

Issue notice to the respondent nos.7 to 25 through ordinary process for which requisites etc. must be filed within two weeks.

Put up this case under appropriate heading in the week commencing from 19th December, 2022.

(Rajesh Shankar, J.) Sanjay/